Bail peititon
raj
(Querist) 03 December 2014
This query is : Resolved
Sir
My relative was booked under section IPC 376,417 and 420. He was accused of above by one of his friends. The friendship was from 1 year and she asked him to marry,but he did not. he does not have any extra relationship with her except as freind. she was treated as family friend but she misused that to black mail him to get marry and when rejected she filed above cases. now he is arrested and in remand( since 20 days)
1. our lawyer was saying after filing chrage sheet and 164 enquiry form then only bail can be applied and we will have chances of bail
2. How many days it will take for bail and whats the exact procedure
this all is creaiting lot of tnesion....advice us
ajay sethi
(Expert) 03 December 2014
1) once FIR is registered under section 376 / 420 your friend should have immediately applied for AB . why did he wait for his arrest ? change your lawyer
2) it should be your case that The physical relationship between the parties had clearly developed with the consent of the prosecutrix, as there was
neither a case of any resistance, nor had she raised any complaint anywhere at any time despite the fact that she
had been living with your relative for 1 year, and had travelled with him from one place to another.
3) filing of charge sheet may take months . if application for release on bail was rejected by the court your relative can move HC in this regard
Nadeem Qureshi
(Expert) 03 December 2014
The police is bound to filing the chargesheet within 90 days from the arresting, if not then u/s 167(2) the accused is entitled to get bail from the court.
either wait till the filling of charge sheet or fight the case on merit
T. Kalaiselvan, Advocate
(Expert) 04 December 2014
First change the lawyer and move an application for bail before the district court, get it dismissed and apply afresh before the high court, you will certainly get a relief soon.
